19 Dec 2006
SCENIC CIRCLE (ROTORUA) LIMITED V PRINCES GATE HOTELS LIMITED AND PRINCES GATE HOLDINGS LIMITED AND ANOR HC ROT CIV 2006-463-658
- Citation
- openlaw-5fa91f7a_47fc_4890_9e9c_7e949c41c448.pdf
- Court
- High Court
Clause 22 must be read as making the arbitral process commence only when the arbitrator's appointment was secured (either by the President or by a definitive agreement between parties); the parties never unequivocally appointed or confirmed an arbitrator or agreed the scope; therefore the arbitration never commenced, the three month limitation never began to run, Article 8(1) requires a stay and the High Court directed the parties to arbitrate in accordance with the agreement dated 21 May 2001.